RAMESHWAR AMBADAS SASARE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-10-155
HIGH COURT OF BOMBAY
Decided on October 13,2021

Rameshwar Ambadas Sasare Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.)Heard learned counsel for the parties.
(2.)By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 90 of 2021 registered with the Malegaon Taluka Police Station, Nashik, for the alleged offences punishable under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (N.D.P.S. Act) and under Section 201 of the Indian Penal Code.
(3.)Learned Counsel for the applicant submits that the police had conducted raid on 3 fields (3 separate Gat Nos) on 24th February 2021, on receipt of some information, with respect to cultivation of opium plants in the said 3 fields. Learned Counsel for the applicant submits that the applicant is one amongst the several land owners of Gat No.73, from whihch opium was allegedly seized. He submits that the applicant was admittedly not present at the spot at the time of the alleged incident. He submits that under the N.D.P.S. Act, small quantity and commercial quantity with respect to cultivating of opium/poppy has not been specified separately and as such the offences in this regard are covered under Section 18(c) of the N.D.P.S. Act. He submits that apart from the applicant, none of the co-joint owners have been prosecuted in the said case. He submits that there is nothing to show that the applicant was in exclusive possession of the said field i.e. Gat No.73 or that he had knowledge that what was cultivated in his land was opium. He submits that the applicant has no antecedents.


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